USA v. Gerardo Perez

Filing 920100326

Case: 09-40707

Document: 00511064076

Page: 1

Date Filed: 03/26/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 09-40707 Summary Calendar March 26, 2010 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. GERARDO RAFAEL PEREZ, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:09-CR-356-1

Before KING, STEWART and HAYNES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Gerardo Rafael Perez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Perez has filed a response. The record is insufficiently developed to allow consideration at this time of Perez's claims of ineffective assistance of counsel; such claims generally "cannot be resolved on direct appeal when [they have] not been raised before the district court since no opportunity existed to develop the record on the merits of the allegations." United States v.
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4.
*

Case: 09-40707

Document: 00511064076 Page: 2 No. 09-40707

Date Filed: 03/26/2010

Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006) (internal quotation marks and citation omitted). Our independent review of the record, counsel's brief, and Perez's response discloses no nonfrivolous issue for appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. Perez's motion for the appointment of substitute counsel is DENIED. Cf. United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).

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